Kenyas new constitution constitution of kenya 2010 came into effect in 20, declaring water supply and sanitation services a basic right and devolving key water and sanitation functions to the county level. Workshop on devolution and local development in kenya. Devolution the 2010 constitution of kenya is a turning point in countrys history as it reconfigured balance of power by devolving power and responsibilities from the national government to 47 elected county governments. It may therefore be too early to conclusively assess. Separation of powers in kenyas devolved administrative. In 20, the constitution introduced a devolved system of government which aims to enhance access to health services by all kenyans, especially those in rural and hard to reach areas republic of kenya 2012.
This document is available to download as a free pdf and in other formats at. At the end of its work, the task force prepared a report titled final report of the taskforce on devolved government volume i. Devolved fund, socioeconomic welfare introduction according to dacks 1990, devolution means the transfer of powers from a higher or central order of government to a regional or local order of government. This marked a complete departure from the centralized system of government that has been in operation since independence. The powers of the regions were protected by the constitution, a senate, and exclusive. Many democracies world over, including kenya have in recent years adopted devolution as a system of decentralization for development. Effects of devolved governance on organizational performance. This report argues that devolution will benefit not just. Kenyas 1992 district framework republic of kenya, 1992. Chapter eleven devolved government kenya law reform.
Devolved government form four history notes secondary. Devolved government and local governance in kenya in. Humanitarian action for unicef kenya2018serem children. Building public participation in kenyas devolved government this working paper is the first in a series of devolution working papers, that are being developed and disseminated in a partnership between the centre for devolution studies cds kenya school of government and the world bank.
At the end of the second quarter of the year two thousand and ten 2010 the government of kenya promulgated a constitution dubbed as the the new constitution or constitution 2010. Devolution system made simple 3 introduction devolution is one of the major changes that the constitution adopted by kenyans at the referendum held on 4th august 2010 and promulgated on 27th august 2010 has made to the arrangement of government in kenya. We specialise in socioeconomic surveys, private and public sector studies, and impact assessments for. Kenya created room for more public participation which allows the government to regularly inform, consult and get feedback from its citizens on issues of governance. Devolution is a principle of good governance devolution in kenya, by its character, object and principles, envisioned to provide opportunity for. Devolution is the statutory granting of powers from the government of a sovereign state to government to government at a sub national level. In kenya, this was after years of the post independence approach of local governments which still embraced a strong centralized governance structure and which had been meant to resolve the regional development challenges but apparently failed. The nerve centre is a devolved system of government, comprising one national government and 47 county governments. Analytical work documents how kenyans pay more frequent bribes for business and informal.
The country has overcome several challenges and milestones in a bid to make the devolution. The constitution, among other things, introduced a devolved system of government, composed of 47 counties and a national government. National government and county government the two levels of government are interdependent and distinct art 6 2 fourth schedule specifies functions of the national government and those of the county governments. Centre for devolution studies cds, kenya school of government e. Key legislation, including the county government act of 2012 and the urban areas and cities act of 2011, have provided the.
Ethnic communities under kenyas devolved system page 5 towards constitutional reform resulting in the adoption of the 2010 constitution. Kenya will not have a devolved level of local government below the county level, there will be elected officials representing those smaller geographic units. Devolution is the statutory delegation of powers from the central government of a sovereign state to govern at a subnational level, such as a regional or local level. Devolution and county governments article 6 of the 2010 constitution created a decentralized system of government that devolved. The devolved system of government is the centrepiece of kenyas new constitution. This report argues that devolution will benefit not just from a county government with technical capacity.
Kenya a sovereign republic art 4 1 a multiparty democratic state art 4 2 two levels of government i. Since then, kenyans have had a chance to elect representatives in the county government twice 20 and 2017. A report on the implementation of devolved government in kenya it also prepared. In a new interactive, the kenya devolution and resource sharing calculator, mwangi kimenyi examines the current allocation of resources to kenyas county governments and invites governments to.
Provide mechanisms for the resolution of intergovernmental disputes where they arise. Devolution is the transfer or delegation of power from the central to the subnational level. Instituted in 20, devolution in kenya seeks to bring government closer to the people by devolving political and economic resources to kenyas fortyseven county governments. Unlike other countries where the devolution process of the three powers has been sequentially attained 1, in kenya the experience has been a big bang where the three types of decentralisation were achieved at once with. This act may be cited as the transition to devolved government act, 2012. The new government of kenya elected in march 20 committed itself to rapid transfer of devolved functions to the counties. This means that any one level of government is not under any obligation to refer to or seek authority from the centre in order to make or implement decisions.
Content of vernacular radio stations programs and public. In kenya, the case is similar, there are 48 devolved governments and mombasa county is. Kenya s devolved system involves the creation of two or more levels of government that are to co. The authors devolution, democracy and development in kenya agnes cornell and michelle darcy.
The policy is anchored in the constitution of kenya 2010, sessional paper of devolved government 2012 and national values and principles of governance. Against that background, a program of actions is advocated and discussed to derive those benefits, as well as in accordance with the objectives and principles of devolved government spelled out. Forty seven county governments came into operation two and half years ago following the general elections of march 20. Introduction k enya s new constitution mandates a new era of public participation in government, particularly within the devolved government structure. Devolved system of government wambua kituku, university of nairobi 10. Samuel hall is a research and consulting company based in asia kabul, afghanistan and east africa nairobi, kenya. Kenya has a long history with decentralization and. Kenya is a democratic republic with two spheres of government. Dickson omondi, national democratic institute subnational accountability under kenyas new constitution.
In 20, the government held its first general elections under the new constitution, which set up national and devolved governments, including 47 new county governments. Rapid devolution of water services requires greater clarity and certainty on key issues the new government of kenya elected in march 20 committed itself to rapid transfer of devolved functions to the counties. The law society of kenya lsk and other csos successfully challenged this amendment in court,35 demonstrating36 the power of the current system to check executive excesses. Foster national unity within the regional diversity. Supporting poorinclusive wss sector reform devolution in. Devolved government and local governance in kenya 339 african and asian studies 2014 338358 introduction after they had gained independence, many african countries, including kenya. The national government could also provide grants to. Reproductive, maternal, newborn, and child health in a. Interventions include strengthening key intergovernmental institutions and supporting development of policies, laws, cooperation frameworks and. Each county has an assembly, governor, and senator elected directly by the people and a county assembly elected with representatives from wards within the county.
Devolved territories have the power to make legislation relevant to the area and thus granting them a higher level of autonomy devolution differs from federalism in that the. The lessons learned from this research have very important policy implications for the devolved government system in kenya. This is after timid devolved governance saw certain amount of public funds and some responsibilities such as in health. Developmental devolved government for effective and sustainable. The potential benefits from devolved government are analyzed with critical examples drawing from kenyas current economic and political environment. Pdf this work sets out the structure and potential benefits of decentralized government in kenya and, against that background, advocates, provides. The current division of powers between the devolved institutions and the uk government is in a state of flux. The implementation of the devolved system of governance commenced in march 20 following the general elections held that year. These new functions would be administered by locally elected politicians and civil servants, with formuladriven funding from the national government and limited locally generated revenue. The policy is anchored in the constitution of kenya 2010, sessional paper of devolved government, 2012 and national values and principles of governance.
The role of devolved governments in a strong national social. Kenya devolution study 2 legislation of each county will provide for villages as further decentralized units. An act of parliament to provide a framework for the transition to devolved government pursuant to section 15 of the sixth schedule to the constitution, and for connected purposes enacted by the parliament of kenya, as followspart ipreliminary short title. Provides mechanisms for handling the existing diversity in the county governments based on ethnicity, religion and geographical disparities through further units of decentralization. Pdf devolved government and local governance in kenya. Each regional government was comprised of the executive and the legislature.
It occurs when a regional or a local government formally receives either broad powers over a specific territory or more limited. Kenya is undergoing devolution of its health sector as part of the new constitutional order republic of kenya 2010. Objectives and principles of devolved government devolved government is when a national government gives power to a group or organization at a lower or more local level. The purpose of this policy is to improve the implementation of the devolved system of government in order to achieve optimal service delivery. Within this new context of devolution, the implementation of these health policy commitments will. This means that while kenya will not have a devolved level of local government below the county level, there will be elected officials representing those smaller geographic units. Although political patronage and ethnic interests historically had hindered efforts to introduce decentralization, kenya s 2010 constitution promised a devolved system of government to address. One of the hallmarks of the 2010 kenya constitution is the introduction of the devolved systems that run parallel with the national governments.